Act No. 18/2004 Coll.
of 10th December 2003
on the recognition of professional qualifications and other competencies of nationals of Member States of the European Union and on the amendment of some Acts (Act on recognition of professional qualifications)
Amendment: 96/2004 Coll.
Amendment: 588/2004 Coll.
The Parliament has adopted the following Act of the Czech Republic:
PART ONE
RECOGNITION OF PROFESSIONAL QUALIFICATIONS AND OTHER COMPETENCIES OF NATIONALS OF MEMBER STATES OF THE EUROPEAN UNION
TITLE I
BASIC PROVISIONS
Section 1
Scope and purpose of the Act
(1) For the purposes of a free movement of persons across the Member States of the European Union (hereinafter referred to as the “Member State” only) and in compliance with the law of the European Community[1], this Act regulates the procedure to be adopted by administrative authorities and professional chambers in regard to a recognition of professional qualifications and other competencies required to take-up and pursue an employed or self-employed regulated activity (hereinafter referred to as the “pursuit of a regulated activity" only) in the territory of the Czech Republic after acquiring a professional qualification required to pursue such activity or after pursuing such activity in another Member State by a national of Member States or a family member of such national[2] (hereinafter referred to as the "applicant" only).
(2) Provisions of this Act shall apply unless provisions of a special law regulate the area of professional qualifications and other competencies required for a pursuit of a regulated activity otherwise.
Section 2
Fundamental principles of recognition of professional qualifications
(1) In regard to a pursuit of a regulated activity in the Czech Republic, administrative authorities and professional chambers may require a national from another Member State to meet only conditions required of citizens of the Czech Republic by a special legal regulation.
(2) The recognition authorities shall conduct the process of deciding on recognition of professional qualifications with respect to public interest and interests of individuals and legal entities that may be violated by a pursuit of a regulated activity by a person with insufficient professional qualifications and that are protected by special legal regulations covering for the purpose conditions governing a pursuit of a regulated activity. Such protected interests include, but are not limited to, protection of life and health, protection of property, protection of consumers, protection of environment, protection of national cultural heritage, protection against serious infringement of special legal regulations or against another serious consequence.
Section 3
Definitions
For the purposes of this Act, the following definitions shall apply
a) professional qualifications shall mean a competence required for a pursuit of a regulated activity demonstrated by, in particular, evidence of formal qualifications, attestation of competence or a document certifying experience with a pursuit of the activity in question (hereinafter referred to as the "evidence of professional qualifications" only),
b) an evidence of formal qualifications shall mean a diploma, certificate or another evidence issued by a relevant body or institution of a Member State or similar evidence issued by a competent authority or institution of a non-member state (hereinafter referred to as the "third country" only), or a set of such evidence obtained by an applicant subsequent to the completion of his/her education or professional training (hereinafter referred to as the "education and training" only)
1. that meets requirements stipulated by a legal regulation of the Member State of origin whereby a pursuit of a regulated activity is conditioned by a professional qualification obtained and whereby the applicant is professionally qualified for a pursuit of a regulated activity in the Member State of origin, or
2. that certifies a completion of education and training that prepared the applicant for a pursuit of the activity in question in the specific sphere of expertise in the given state, if the activity in question is not a regulated activity in the Member State of origin.
Education and Training may include, without limitation, courses, professional training, practice supervised by a qualified person and duly completed by an examination (hereinafter referred to as the “probationary practice” only) or practice obtained during a pursuit of the activity in question under a supervision by a qualified person (hereinafter referred to as the "supervised practice” only),
c) attestation of competence shall mean a document that does not form a part of the evidence of formal qualifications and that attests to a completion of a short-term training course in the Member State of origin or is awarded by a competent authority of the Member State of origin following an assessment of the personal qualities, aptitudes or knowledge, if required by a legal regulation of the Member State for a pursuit of a regulated activity,
d) other competence shall mean a clean criminal record, or a fact that bankruptcy has not been declared in regard to the applicant’s property, or that the applicant proceeded with due care in his/her capacity of a proxy or of an authorized representative or a member of a body of authorized representatives or of another body of a legal entity the property of which is subject to a declaration of bankruptcy, or a fact that the applicant has never been sanctioned for an administrative breach or for a disciplinary misconduct, or a sound financial standing or a physical or mental health condition and/or insurance against the financial consequences of their professional liability caused by a pursuit of the activity in question, if required by a special legal regulation for the purposes of a pursuit of a regulated activity,
e) the activity in question shall mean a professional activity or a set of professional activities which the applicant intends to pursue in the Czech Republic
1. provided that the applicant has obtained in the Member State of origin professional qualifications required to pursue such activity,
2. provided that the applicant is professionally trained and pursues or has pursued the activity in compliance with legal regulations of the Member State of origin, if the activity in question is not a regulated activity in the Member State of origin, or
3. provided that the applicant pursues or has pursued the activity in question in the Member State of origin in compliance with legal regulations,
f) a regulated activity in the Czech Republic shall mean an activity in question if evidence of formal qualifications or attestation of competence is required by a special legal regulation for a pursuit thereof in the form intended by the applicant (hereinafter referred to as the "if required in the Czech Republic" only),
g) a regulated activity in a Member State of origin shall mean an activity in question
1. in case evidence of formal qualifications or attestation of competence are required by a legal regulation in a Member State of origin for a pursuit thereof,
2. practised under a professional title reserved for the holders of evidence of formal qualifications or attestation of competence, as set out in legal regulations of a Member State of origin,
3. practised in the field of health care, provided that a remuneration or reimbursement for such an activity is subject by virtue of national social security system of the Member State of origin reserved to holders of evidence of formal qualifications or attestation of competence, or
4. practised by members of a professional association the purpose of which is, in particular, to ensure a high standard of the pursuit of the activity in question, provided that such professional association
- is recognized in regard to the purpose mentioned in the Member State of origin,
- awards evidence of formal qualifications to its members,
- issues regulations binding on its members and ensures compliance therewith, and
- confers on its members the right to use a professional title or to benefit from a status to its members corresponding to the evidence of formal qualifications as set out under the second indent,
h) regulated education shall mean education and training specifically geared for a preparation for a pursuit of the activity in question to the extent that the structure of such education and training and the level thereof are regulated by legal regulations of the Member State of origin or that the same are subject to supervision or accreditation by a competent authority of the Member State of origin,
i) a Member State of origin shall mean a Member State in which the applicant obtained professional qualifications for a pursuit of the activity in question, or a Member State in which the applicant pursues or pursued the activity in question. A Member State of origin shall also be understood as a third country, if so provided for by provisions contained herein or in a special legal regulation. For the purposes of assessing other competence, a Member State of origin shall be understood as a Member State in which the applicant pursued the activity in question most recently or of which the applicant is a national,
j) recognition authority shall mean an administrative authority or a professional chamber as set out under Section 29 (1).
Section 4
Levels of evidence of formal qualifications
(1) For the purposes of this Act, evidence of formal qualifications of level four shall be understood as evidence of formal qualifications issued by a competent authority or institution of a Member State of origin to attest that after completing a full secondary or full secondary vocational education or, as applicable, another education required in the Member State of origin for an entry to a university or a higher education institution or to an establishment of equivalent level, the holder successfully completed a full-time or regular course of at least four years’ duration or distance-learning or external course of appropriate duration at a university or a higher education institution or establishment of equivalent level and, where appropriate, that he has successfully completed the training required in addition to such course.
(2) For the purposes of this Act, evidence of formal qualifications of level three shall be understood as evidence of formal qualifications issued by a competent authority or institution of a Member State of origin to attest that after completing a full secondary or full secondary vocational education or, as applicable, another education required in the Member State of origin for an entry to a university or a higher education institution or to an establishment of equivalent level, the holder successfully completed a full-time or regular course of at least three years’ but no more than four years’ duration or distance-learning or external course of appropriate duration at a university, higher educational establishment or establishment of equivalent level and, where appropriate, that he has successfully completed the training required in addition to such course.
(3) For the purposes of this Act, evidence of formal qualifications of level two shall be understood as evidence of formal qualifications issued by a competent authority or institution of a Member State of origin which to attest that the holder successfully completed
a) after completing a full secondary or full secondary vocational education or, as applicable, another education required in the Member State of origin for an entry to a university or a higher education institution or to an establishment of equivalent level, the holder successfully completed a full-time or regular course of at least one year’s but no more than three years’ duration or distance-learning or external course of appropriate duration and, where appropriate, that he has successfully completed the training required in addition to such course, or
b) education and training according to a directly applicable regulation of the European Community[2a]
(4) For the purposes of this Act, evidence of formal qualifications of level one shall be understood as evidence of formal qualifications issued by a competent authority or institution of a Member State of origin to attest that the holder, after successfully completing secondary education, successfully completed
a) another course different from the courses mentioned under paragraphs 1 to 3 in an educational establishment or employment and, where applicable, professional training required in addition to such course, or
b) a professional training required in addition to secondary education.
(5) In case education and training attested by evidence of formal qualifications as set out under paragraphs 1 to 4 was received mainly outside Member States and the evidence of formal qualifications is recognized in the Member State of origin as evidence of formal qualifications which professionally qualifies the applicant for the pursuit of the regulated activity, the evidence shall be accompanied by a certificate issued by a competent authority of the Member State of origin to attest that the applicant has pursued the activity in question for at least 3 years or, in case of evidence of formal qualifications of level one, for at least two years.
(6) Evidence of formal qualifications of level four shall also be understood as evidence of formal qualifications issued by a competent authority or institution of a Member State following a successful completion of the education and training in this Member State or in another Member State and recognized by a relevant authority of the Member State of origin as evidence equivalent to evidence of formal qualifications of level four which